Author: Richard Garnett
Publisher: OUP Oxford
ISBN: 0191629367
Category : Law
Languages : en
Pages : 496
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Book Description
When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.
Author: Richard Garnett (Lawyer)
Publisher:
ISBN: 9780191811821
Category : Conflict of laws
Languages : en
Pages : 384
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Book Description
"When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason."--Publisher's website.
Author: Jutta Brunnée
Publisher: BRILL
ISBN: 9004444386
Category : Law
Languages : en
Pages : 240
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Book Description
The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
Author: Sagi Peari
Publisher:
ISBN:
Category :
Languages : en
Pages : 14
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Book Description
The substance/procedure distinction is fundamental to private international law, both practically and theoretically. Theoretically, this distinction goes to the intellectual heart of the discipline: why apply a foreign law in domestic courts in the first place? Curiously, in private international law, this question refers to matters of substance, rather than procedure. Almost universally recognised, the so-called lex fori regit processum doctrine has provided for centuries that procedural matters shall be governed almost exclusively by the domestic law of the forum ('lex fori'). What is so special about procedure that makes it immune to the application of foreign law? Furthermore, the lex fori solution to matters of procedure sheds light on the practical centrality of the substance/procedure distinction. As the most preliminary phase of judicial analysis in private transnational litigation, the substance/procedure distinction plays a key role in determining the identity of the law to be applied.
Author: Martin Wolff
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 688
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Book Description
Author: Ludwig von Bar
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 1222
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Book Description
Author: Xandra Kramer
Publisher: Edward Elgar Publishing
ISBN: 1800375530
Category : Law
Languages : en
Pages : 409
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Book Description
This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.
Author: Catharine Titi
Publisher: Oxford University Press
ISBN: 0198868006
Category : Law
Languages : en
Pages : 225
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Book Description
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
Author: Peter Machin North
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1212
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Book Description
The new edition has been substantially updated to offer an up-to-date and authoritative account of the law in this rapidly changing field. As well as general updating, the chapter on Torts has been completely rewritten and the growing importance of the law of restitution has led to the inclusion of a new separate chapter on the private international law aspects of this significant field of the law of obligations. The major developments in the law on jurisdiction and the recognition of foreign judgements have also been fully discussed.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280529137
Category : Law
Languages : en
Pages : 92
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Book Description
Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.
